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Home My WebLink About97-01753 ~ 'S \I ~ ~ <::;t c.- ~ ;.. ~ ... ~ ...(l ....... G: I I \ ~ , /' /' I . ~ .. ~*.~****~-******.~****)'~:~~:*.'*.****-~:~ ". . --' .--~ ~--.---~-----..-._,- ~ _............--...-...--~------...------.-..-.-............ .' ~ M , ' 1i. " ~ ~ ~ w ~.' ~ ... ~ ~ '.' ~ ~ ~ ',' ~ ',' ~ '.' ~ -, ~ ." ~ ... ~ ',' ~ ~ ',' W :.' ,; ~ ~.' ~ ~.' w ~.: w :.' w ',' ~ :.' W ~.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .l':t - ~ ,\, _,. . i.. ,\'. "".......r PENNA. w ~.' ~ w ',' w .,' w '.' w ',' w ... ~ ',' .'. ~ ~ ',' ~ ~ ~ ~ ',' ~ i I f, I ,,'" W I 11 '.' I W I ',' I W I ., ... w ~.' ~ ... ~ w ~.' w ',' W :.' ~ ... ~ ~ ',' w ',' ~ ~ ~ ~ ! " !~ ;':' I~ ! : n Y Th;1 C;;J~ : AlIest: V' t~ . :~ ~ Prolhonotary I' ~ '~ ~ ,~ ~...;-:;.:. --'i: .:.:: -::;:.- .:.t:. ,_+:, .:.::--::f.:.- ~.:. '.:t.:: -::t:. . .:+:. ::+:-' .:.:- .:.:- .:+:. .:+:. -:.:- .:+:. .:+:- .:+:. .:+:- ':0:' .:.:. .:+:. -:.:- .:t:. .:+:. .:~~ CYNTHIA J. ALBRECHT 'I N n, ~!~l.!,~~.. .,~,~':'~~, 1<)97 Plaintiff VPI'..;US JEFFREY S. ALBRECHT Defendant DECREE IN DIVORCE AND NOW, ' .. . , . J,~.Y,~ .,., ,~~ , .' " 19 ,-;.~" it is ordered and decreed that., 9Y,t'r~fHi\,.-!,. (\,~~~~~,H,~" ". ,., ,.,'. , ..'", ..... plaintiff, and. . . ~,E,~~~~X. .~:, fI.~~~~~,~~. . . . . , , , , . . . , , , . . . , . . .. . . . , . , . .. defendant, are divorced from the bonds of matrimony. ~ ~ ~. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; . '!-'~,~ ,~::?.I~<:~~Y. .~~~!=.I.<:"!1~~,~ .~\?:r.e,<:"!1~~,~ ,~?t.e.~, ~~.~I.!~::>'. .~~!, ,l,~?~.l. . , . , . . ~~. .~ ~~~.c,~~? .~~r~~,~ ,~~d. ,~~, ~.e,~e?t ,~~??,~~'?~~.~~~. ~.~~,?, .t.~~~. ~.e,~:~~' $ .:. :, ~ ~.' ~ .' 'dfif &1 to/! ~/It f2,,?j y..:,d- /'d'lf1:~ '7,Y~ /-tl';~~ 'elf 6Cl~~ ! ~ CYNTHIA J. ALBRECHT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-1753 CIVIL TERM JEFFREY S. ALBRECHT, Defendant IN DIVORCE PROPERTY SETTLEMENT AGREEMENT ~qq~ THIS AGREEMENT made i~ by and between Jeff ehi. ~ day of :J vWo/ Albrecht (hereinafter referred to as I' , ~ "Husband") of Carlisle, Cumberland County and Cynthia Albrecht Ii (hereinafter referred to as "Wife") of Carlisle, Cumberland I, County. WIT N E SSE T H I: I [' WHEREAS, Husband and Wife were lawfully married on November 12, 1988 in Dauphin County, Pennsylvania; and Ii II ii il WHEREAS, one child has been conceived of this marriage; I II namely, Zackary Scott Albrecht, born on May 22, 1989. " r I II WHEREAS, diverse differences and difficulties have arisen I, :' between the parties respecting their interests, rights and title in and to certain property, real and/or personal, owned by or in 1 MEYERS. DESFOR 410 NORTH SEco~m STREET . POBOX 1067 . HARRISBURG, PA 17108 11'7) 23&9428 . fA). 17171236-2817 I II II' ~ possession of the said parties to either of them; and Ii Ii I, I i WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and to amicably adjust, compromise and forever settle all property rights and all rights in, to or against each other's property or estate of any kind or nature whatsoever, including property heretofore or subsequently ! ~ acquired by either party and to settle all disputes existing I, ,i between them, including any and all claims for Wife's and/or Husband's rights to equitable distribution, maintenance and/or , , , ~ support, alimony, alimony pendente lite, counsel fees and costs; I' !' and WHEREAS, the parties acknowledge and agree that in entering I into this Agreement, including foregoing waivers, they are each relying on truth and completeness in all material respects as to all information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, :: covenants and agreements hereinafter contained, each of the parties hereto intending to be legally bound hereby promises, covenants and agrees as follows: 2 MEYERS. DUFOR 4tONORTH $ECOND STREET . PO 80XI061 . HARRISBURG. PA 11108 11171236.9418 . FA), 171712361817 n I I I I I I I I :1 " II 1. Ii I: Ii II II I I' I I I ,I I' I' " Ii I: " I 2 . I. I I; , I, " 1i i, I, I' 'j II I ,. Ii :! I, I' I' " , il I DIVORCE: The parties agree that their marriage is irretrievably broken and that they mutually consent to a divorce and agree and have executed all necessary Affidavits and Waivers required by the court for the entry of a mutual ! , consent divorce. Both Husband and Wife have directed their I respective counsel to immediately file with the Court said I I I I Affidavits and Waivers and file the appropriate documents to, I request a Decree in Divorce from the bonds of matrimony ~ under Section 3301(c) of the Divorce Code. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the I other, nor compel the other to cohabit with the other, or in' , any way harass or malign the with the peaceful existence, other, nor in any way interfere' I separate and apart from the i I I , other. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the date of separation, to wit, March 17, 1997, she has not and in the future she will not, contract or incur 3 MEYERS. DESFOR 410 NORTH SECOND STREET . POBOX 1062 . HARRISBURG. PA , 1108 (7171236.9428 . FAX 17171236.2817 I: " If , If " I' II :1 , I I I I Ii Ii ,I II , I I ! 4. i' , I: I I: I, I ~ I I' ; I. any debt or liability for which Husband or his estate might i I be responsible and shall indemnify and save harmless Husband: from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the date of separation, to wit, March 17, 1997, he has not and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from I any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. MUTUAL RELEASES: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her i heirs, legal representatives, executors, administrators and I " II ; ~ !i assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except any or all causes of action for breach of any 4 MEYERS. DUFOR 4tDrlORTH SECOND STREET . POBOX 1062 . HARRISBURG. PA 17108 1717113&9418 . FAX 11171236.2817 I: 'I II " " I ~ I: 11 I: " II ! , i; I, !I 8. i I: i: , , Ii I' 9. Ii I, , " other's Last wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third- party beneficiary rights upon the other heirs and beneficiaries of each. 7. AGREEMENT BINDING ON HEIRS: The parties acknowledge that except as provided for in this Agreement, each of the parties shall have the right to dispose of their respective property by Last will and Testament, and that each party waives the right to take under the Will of the other. This Agreement shall be binding on the respective heirs, executors, administrators and assigns of the parties thereto. ENTIRE AGREEMENT: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. LEGAL ADVICE/VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has 6 MEYERS. DESFOR 410NOATHSECONOSlREEl . PO 80)(1067 . HARRISBURG. PA 17108 11171236-942& . FAX 17171~36.'817 " I, I " " " " II I' ,I I Ii , I , I I Ii employed and has had the benefit of counsel of Sam Milkeo, Esquire, as her attorney. The Husband has employed and haa had the benefit of counsel of Laurie A. Saltzgiver, Esquire, as his attorney. Each party acknowledges that they have received independent legal advice from counsel and that party fully understands the facts and have been fully informed of their legal rights and obligations, and each I, I; II I, party acknowledges and accepts that this Agreement is, under! I the circumstances, fair and equitable, and that it is being I entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Alao, each I' Ii party hereto acknowledges that he or she hao been fully I " I Ii I I: , I' 'I I, I " " Ii ii I " i, advised by his or her respective attorney of the current Pennsylvania Divorce Law, and his or her rights thereunder, each party hereto still desires to execute this Agreement i forth herein: I , acknowledging that the terms and conditions set are fair, just/ and equitable to each of the parties and waives their respective right to have the Court mak~ any determination or order affecting the respective parties' right to a divorce, a1imony, alimony pendente 1ite, 7 MfYl~" DUrOft 410NORTHSECONOSTREET . PO 80X lOG] . tiAflRISOURG rA 11108 17111136-9.128 . fAX 111711Jft 2817 I I eachl I I ii I I: \: II II !i I I I I I , I 10. i " II , I: I I I; I' " 'I I: j, I' I! ir I' : equitable distribution of all marital property, counsel and costs and expenses. I I i I I I I fees' I i DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, except as otherwise specified in this paragraph. Should it become necessary, the parties each agree to sign any titles or documents necessary to give: I effect to this paragraph. The Wife shall be permitted to retrieve additional I items from the marital residence as follows: (1) Wife's pre-' I marital photographs. (2) The parties shall equally divide all photographs from throughout the marriage. (3) Wife's pre-marital china and crystal. (4) The tent and camping cook stove. , (5) The parties will go through the contents of' , the boxes which are presently stored under the stairs and ! ! will divide the contents between them. (6) The parties willi i sort through any books and divide them. (7) Wife will : i receive all sheet music and music books. (8) Wife shall I receive her record albums. (9) Wife shall return one of the: Tracy Chapman CD's to Husband. (10) Wife's turntable. (11): I 8 MEYERS. DES FOR 41DNOATH SECOND STREET . POBOX 1062 . HARRISBURG. PA 17108 1717123&9428 . FAX 17171236-2817 i, II , I I , I I Ii I I i I i I I ., Ii I: I' I i I I I' II " II Ii " Wife's dulcimer. (12) The parties will sort through tho quilts and afghans and Wife will receive thouo itomu which are from her family. (13) All fabric. (14) WHO'll pre- marital drop-leaf table. (15) Any persollal items or keepsakes, et cetera, of Wife's children, D~vid 1I1ld Sara, including Sara's tie-dyed t-shirt. (16) The lIIilllual for the Explorer. (17) Husband agrees that H he call locate the small saw and the set of screwdrivel-o and Wl'lHH.:lwll which Wife claims to be her property, same wi 11 bo l'eturned to Wife. (18) Sara's bear collection. (19) Wifo oha11 receive all of the cameras other than the Pentex 35111ln CUlnllra. (20) Wife shall receive her great-grandmother's antique coffee grinder. (21) Wife shall receive the Halloweell costumes Ii I' Ii which she has made over the years, with tho exception of the! cape which shall be husband's property. (22) Wife shall receive the glass canisters, various items of sponge wear, " " i' !! Ii I' " , L I; and the framed PA poster. When the marital residence iu sold and Husband vacates that residence, he shall give the wife the Kirby vacuum cleaner and Wife will give to Husband the " Ii jl I !' " ,. I !: I: il I :i I' I' four chairs and her vacuum cleaner, additionally, at the same time the Wife will receive the bunk beds. All other items of furniture/furnishings/property 9 MIURI. DllfOft 410NORTH SECOND STA[[T . po no-..1001 . tfARAISOUAG PA 17108 111111369410 . fA... 1"'I1J~i'BI1 I I Ii ,I I' I! I: II I I 14. I Ii II Ii , I I Ii I' 15. 11 I, i ~ I: " j: Ii I: " i: I: ,i 'I I: " I' I' I' I 16. II !I !i (i I !' , CHECKING ACCOUNTS/SAVINGS ACCOUNTS: Wife shall keep as her sole and exclusive possession any and all checking accounts or savings accounts presently in her name. Husband shall keep as his sole and exclusive possession any and all checking accounts or savings accounts presently in his name.! I I AUTOMOBILES: Wife shall keep as her sole and exclusive possession the Ford Explorer automobile presently in her possession. Wife shall be solely responsible and liable payment of the lien against said automobile. Wife shall removp. Husband's name from the title and lien against the Ford Explorer upon the issuance of the Divorce Decree. Husband agrees to execute any titles or documentation necessary to give effect to this paragraph. Husband shall keep as his sole and exclusive possession the Ford Bronco presently in his possession. CHILD SUPPORT: The parties hereby acknowledge that contemporaneously with the execution of the within agreement, they have executed a stipulation for custody minor son, Zackary. The Wife is awarded , I I i partial physical I In accordance Withl I which awards the Husband primary custody of the parties custody as outlined in said stipulation. 13 MEYERS. DESFOR 410NORTH SECONO STREET . PO BOX,002 . HARRISBURG. PA 11108 17111236-9428 . FAX (7171236.2817 I fori I ! , , I: I , I I I Ii " 'I Ii " I, I' i' Ii I: , I I I ~ , this stipulation and custody agreement, the parties have I agreed that wife shall pay child support directly to Husband in the amount of $70 per week with the understanding that the payments will be made in the amount of $140 on a bi- weekly basis in accordance with wife's employer's payment schedule. said payments shall be paid to Husband for 12 months of each year, despite the son's primary residence Ii with the Wife during the summer months. The parties have \! taken into account that the Wife shall have primary custody , I' ,I , I, I: I' ,I I: Ii l' II :1 I ~ I ii , ii il " r i' of the son during the summer months and accordingly they have decreased the support amount to be paid to the Husband in light thereof, but have specifically agreed that said support payments shall be paid on a year round basis. Additionally, Wife shall continue to cover Zackary on her current medical insurance plan. The parties agree that this $70 per week will be paid directly by Wife to Husband or by a direct payroll I' I' 'i " " [I 1 deduction from wife's paycheck to Husband's account. Should any issue or dispute arise between the parties, as to the timely payment of said child support, then either party shall have the right to have this agreement entered as an order through the Domestic Relations Office of the county in which either of them reside and said agreement/order shall be binding and child support shall continue to be payable to Husband. MEYERS. DESFOR 410 f~ORTH SECOND STREET . POBOX 1067 . HARRISBURG, PA 17108 '717'23&9428 . 1'4" ,7171 236,2817 " il 1 I Ii II II I i! Ii i I i I jI 17. " I, L ! II I; I' ,I " Ii I. , I, 'I I, 18. II Ii II I' I' Ii ii I: I' Ii Ii Ii I! :1 19. :1 i' Said child support payments shall begin on Friday, November 14, 1997 in which wife shall pay $70, representing one weeks payment, directly to the Husband. WAIVER OF RIGHT TO ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. COUNSEL FEES. COSTS AND EXPENSES: The parties hereby acknowledge that they each waive their right to request alimony, alimony pendente lite, spousal support, counsel fees, costs and expenses from the other unless otherwise provided for in this Agreement. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: The failure of either party to insist upon strict performance of any of provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. In the event that the marriage of the parties MEYERS. DES FOR 410 NORTH SECO~m STREET . POBOX 1062 . HARRISaURG, PA 17108 '7171236-9'28 . 1~' '7171236-2817 heretoi , I ! ~ I ~ ~ the, I I i v. . _CAl\WlA ~ _I fV',"."-- . '. '::: :;~-_>-,:_'::::';;:~;;'>'.'.';V.~',~~~f'~~~~~~J ~.T .' (717)249-64%7 " r' "~-"-_.:':::i':'<"':'''_"'::i*t;1:~,;-.r;/r!7t'1~~:S', " .' ': ":"" ' " ' ,",,:__:,:,:,:,.:.,:~:;.':f';?-)i~:?! ,"?'r"","'~'" It'fo& COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97.1753 CIVIL TERM 3. Affidavits of Consent and Waivers of Notice of Intention to Request t/!J JEFFREY S. ALBRECHT, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for the divorce is irretrievable breakdown under Section of 3301(c) of the Divorce Code. 2. The Complaint Wll8 served by U.S. Mail, certified, return receipt requested, on April 4, 1997. Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code were executed by the Plaintiff on January 7, 1998, and by the Defendant on January 9, 1998. 4. There are no related claims pending. An Agreement of the parties dated January 14, 1998, is to be incorporated in the Decree in Divorce. SAMUEL W. MIL S, ESQ. JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney for Plaintiff >- t"-. . 0; (: j"~ IUQ ." ( )~ . ('-( 1.., - I ~. ._ ....... S)- '. C- O:. C. <- , llJ_. ('oJ -~.. ,; '"-" J j.. . ..Jr.!.. Lo. r;'") 'OJ V <:'1 U .~ '.:'~ :"~i. ~.,. .,.... .. "r- ,/",r," ,; ,.'.;'.~ :',- :'::'~::-::i:;Y{' ;:~,/z,{.~i!i:;~{~t{~~}}>~3::;1ri( . .~,'... , "~. ,-' ?t"", ",;,.; ~f.?,l: t. ,,\,., 'C. ....', ;, ... .... .';'\ii:;~:'~i![I~~J1~jillil~I~~;;}i ~. . , CYNTHIA J. ALBRECHT, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . /75"3 ; NO. ~ 7'" CIVIL TERM JEFFREY S. ALBRECHT, Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Cynthia J. Albrecht, who resides at 240 Mooredale Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Jeffrey S. Albrecht, who resides at 914 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the ming of this Complaint. 4. The Plaintiff and Defendant were married on November 12, 1988, in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Neither Plaintiff or Defendant is a member of the Armed Forces of the United States. WHEREFORE, Plaintiff requests the Court to enter a decree in divorce. EQUITABLE DISTRmUTION 9. Various items of real and personal property were acquired during the marriage and constitute marital property. 10. The Plaintiff requests that this property be divided equitably between them. WHEREFORE, Plaintiff requests equitable distribution of the marital property. CUSTODY 11. Plaintiff is CYNTHIA J. ALBRECHT, residing at 240 Mooredale Road, Carlisle, Cumberland County, Pennsylvania, 17013. 12. Defendant is JEFFREY S. ALBRECHT, residing at 914 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013. 13. Plaintiff seeks primary physical custody of the parties' minor son, ZACKARY ALBRECHT, born May 22, 1989. The child was not born out of wedlock. The child is presently in the physical custody of Plaintiff and Defendant. Since his birth, the child has resided with his natural parents at 914 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013. The parties separated in March 1997, and for the past two weeks have agreed to alternate weeks with the minor child. At various times, the Plaintiff's two children from a prior marriage have also resided with either or both of the parties. One child is a girl, a minor, and the other is an adult boy. 14. The mother of the child is Plaintiff, CYNTHIA J. ALBRECHT. She is married to the Defendant. 15. The father of the child is thc Dcfcndant, JEFFREY S. ALBRECHT. He is married to the Plaintiff. 16. Plaintiff residcs at 240 Mooredale Road, Carlisle, Cumberland County, Pennsylvania, with the subject minor child, ZACKARY ALBRECHT, and her daughter to a previous marriagc, SARAH STEWART. 17. Defendant resides at 914 A1exandcr Spring Road, Carlisle, Cumberland County, Pennsylvania, with the subject minor child, ZACKARY ALBRECHT, and DAVID STEWART. lB. Plaintiffhilll not participated IlS a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 19. Plaintiff hIlS no information of a custody proceeding concerning the child pending in a Court of this Commonwcalth, other than a recent petition to reopen a prior divorce action. The present Complaint replaces this attempt to reopen the prior action. 20. Plaintiff docs not know of a pcrson not a party to the proceedings who hIlS physical custody of the child or claims at this time to havc custody or visitation rights with respect to the child. 21. Plaintiff hIlS rented a four bedroom home at 240 Mooredale Road, Carlisle, within the same school district IlS the child's current schooling and located very close to the marital residence. 22. Through consultations with school officials and teachers, and other professionals, Plaintiff hIlS learned that it is not in Zackary's interests to have the instability of alternating from one parent's home to the other, from week to week, and that the child needs a stable living arrangement, particularly during the school week. Accordingly, Plaintiff asserts that it is in the child's best interests for her to be , r, awarded primary physicnl custody, with a partinl physicnl custody schedule to be !I :1 arranged for the father. WHEREFORE, Plaintiff respectfully requests this Honorable Court that it schedule this matter for conciliation and for ultimate custody determination, and that following such review, it award primary physicnl custody of ZACKARY ALBRECHT " to her, the naturnl mother. DATE: 4 (~(cr-) Respectfully submitted, BY: Snmuel . Milkes, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 >- ,.... rr .- j-~ i.. IIIC': F. ) o. rH : 1'-" l~:... <..5'". , . .. Clr "I ;.- ~: lUll. ~-., U::' ". r,'-' ,., ~; ',12 "- c:: Cj -) c~ 'J ','<' " ..... .. ~ CYNTHIA J. ALBRECHT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERI,AND COUNTY, PENNSYLVANIA v. NO. 97-1753 CIVIL TERM JEFFREY S. ALBRECHT, Defendant IN DIVORCE II il i A Complaint in Divorce under Section 3301(c) of the Divorce I Code was filed on April 11, 1997. Ii II II 'I II Ii I I I I I , AFFIDAVI'r OF CONSENT i The marriage of the Plaintiff and Defendant is irretrievabl0 broken and ninety (90) days have elapsed from the date of the filing and service of this Complaint. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true: and correct. I understand that false statements herein are made I subject to the penalties of 18 Pa. C.S. Section 4904 relating to ! unsworn falsification to authorit' I Date: \. Ct-3o ^ c:V\ MEYERS III DES fOR 410NORTHS[CmIDSHlEET . PO 00)(1061 . HARRISBURG. PA 11108 17171136-9428 . FA).1l17J13S-28tl ,I , ~-... >- 1'" ;.:: t"; o,l i ,- uI0 C": ; I" (j~ ,- _:...(. . '., 1.L ~ Co... . I' sW ('-l " ) or , . UI~ , ~ _./.. ;; .... '~I ti::i. . ':lc..~ C" -, . LI. e:: ::-) 0 O' I.) LAWOI'l'lCESOP JACOBS~N & MILKES ,. , ,i BAsrHIOH STRBBT ~ PAI1013.J08' . (111) ~9-6421 " ~ . :.~~-, '.1"- CYNTIIIA J. ALIIHECIIT, Pluintirr IN TilE COUHT OF COMMON PLEAS CUMIIEHl.ANIl COUNTY, PENNSYl.VANIA v. NO. ')7 -175:1 JEFFHEY S. ALIlHECIIT, Dcfendunt IN D1VOHCE WAIVEIl OF NOTICE OF INTENTION TO IlEQUEST ENTIlY OF A \l1VOHCE DECHEE UNDEIl ~ a301(e) OF TilE DIVOIlCE CODE L I consent to the entry or u finul decree or divorce without noliee. 2. lundenllund thutlmuy lose rights concerning ulimony, division or property, lawyer's fees or expenses if I do not cluim them lIefore u divorce is grunted. 3. I understand thutl will not lie divorced unlilu divorce decree is entered hy lhe Court and thotu copy of the decree will he slmtlo me immediulcly ufter it is filed with the prothonotory. I verify Ihot the statements mude in this uffiduvit ure true ollll correct. I understond thot raise statements herein ore mode sulljeel to the penuhies of 18 l'u.C.s. ~ 4904 rcluting to unsworn fulsificotion to uuthorities. Dute: I \ '1 I q 'l ~~~'* C TIIIA. IlHECIIT ! , I , I .., ." <o!OM ". r-. (" t:': f~ c.~ (HI , HI. " Co. . ,-'~C I., L;... u_~ 1:-.) 9<: ('-J 01 1l.:L .- ~Jl 'h~ t..!...., . " I I,', e:: :.-) u l.;"', () .. , '+ - ---<-' . .' \,.::.;. + -".-Je:;,~,,::'t.:~~~, Tf\::~~~;~::"~f;Z't- '__~h__,~ - '::;< '(,' ,/ , :,",," ,'J. '::,~t '~\:" ;.'{;.;\~".t(:,('V,::T f,{, ':ii:"~~~;.".I':~\"V;:''', .;, ",. ,; ", ..:,~";:,:;,~:f': '.::;;; ~~:;~;,:~~.:A;;;~:;i/:'i~r~;~;r~i!1~~~il~' .' ';ri;;};~~}?~;'::'~i::::' . ,. C',', '-";;,-%?~2~./.:T,',.:;:~::::.~:,'~~it,t.~~~,:"f .;';;:.., ,',' .... r-. ~- l.~-: j' c.:: ( . 11.1_," (). (-:'( '., 1_'_. 1:" ~r ('.1 " " : J: .' : ': l~' l.. ':..;.. I -, . . . ,. "" .' (,,) WI () CYNTHIA J. ALBRECHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. .JEFFREY S. ALBRECHT, Defendant NO. 97-1753 CIVIL TERM AND NOW, this L ORDER OF COURT li-r day of April, 1997, upon consideration of Defendant's Petition for Special and Emergency Relief In Re: Custody, a hearing is SCHEDULED for Monday, June 9, 1997, at 9:00 a.m., in Courtroom No.5, cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, 1Wc J.f es1ey 01e~., V Samuel W. Mi1kes, Esq. 52 East High Street . Carlisle, PA 17013 . ~ Attorney for Plaintiff ".J\,u!I/ 1'1 p.;)/" VlTi- 4/'1,/41 Laurie A. Sa1tzgiver, Esq. 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Attorney for Defendant :rc '., .....;.,.".."~I , ,. ,~ ." .' , , ," -. _. "I......... '.. . .;: .,) I. I :'1 "'d hi",'" L' " j ~.a 'i IJ 'll" 1\ :'il,. ,.- , '..-, .,..' '" "'J 3'" . C,. (j:"',;' '. ., \J1:1_..r\. :l--td CYNTHIA J. ALBRECHT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1753 CIVIL TERM v. JEFFREY S. ALBRECHT, Defendant IN DIVORCE PETITION FOR SPECIAL AND EMERGENCY RELIEF IN RE: CUSTODY 1. Petitioner is Jeffrey S. Albrecht, an adult individual residing at 914 Alexander spring Road, Carlisle, PA 17013 (hereinafter "father"). 2. Respondent is Cynthia J. Albrecht, an adult individual residing at 240 Mooreda1e Road, Carlisle, PA 17013 (hereinafter "mother"). 3. The parties are husband and wife and were married on November 12, 1988. The parties separated on or about March 18, 1997. 4. The parties are the parents of one minor child, namely Zachary Albrecht, date of birth, May 22, 1989. The child is presently over seven and a half years of age. 5. The parties were previously separated in 1996 and the mothe filed a Divorce Complaint on March 29, 1996. Thereafter, the parties attempted a reconciliation and the mother discontinued the divorce action filed to Cumberland County #96-1686. 6. The parties reconciled for approximately one year, and on or MEYERS. DESFOR 410 NORTH SECOND STREET . POBOX 1062 . HARRISBURG, PA.17108 '''1123~9428 . FAX '''7123~2817 , , iI, " 'I , I ~ about March 17, 1997, the mother filed a Petition to Re-Open the Divorce Action as well as a Petition for Special Relief, custody and Related Property Matters to the action docketed at #96-1686. The court issued an order dated March 17, 1997 scheduling a hearing for March 20, 1997 on mother's Petition. (See attached Exhibit "A"). 7. Thereafter, father retained counsel and counsel for both parties negotiated a settlement of the issues and cancelled the hearing before Judge 01er scheduled for March 20, 1997. 8. Regarding the pending custody issue between the parties, the parties had agreed, at mother's suggestion, that they would share temporary custody of the child on an alternating weekly basis. In fact, mother's letter to the court of March 20, 1997 advised the court of same. (See attached Exhibit "B"). Additionally, in mother's Petition for Special Relief, Custody and Related Property Matters, mother suggested the shared, alternating weekly custody arrangement. (See paragraph 12) 9. Thereafter, counsel for father drafted a Stipulation for Custody which was forwarded to mother's counsel. Counsel for mother reviewed the proposed stipulation and suggested a few minor revisions. These revisions were made to the stipulation and counsel for father thereafter forwarded the 3 MEYERS. DESFOR 410NORIHSECONOSIREET . PO BOX 1062 . HARR'SBURG, PA.17108 17171236-9428 . FAX 17171236-2817 revised stipulation to counsel for mother, requesting that she execute it and return same. The agreed upon stipu1atio is attached hereto as Exhibit "C". 10. During this period in time, the parties began practicing th alternating weekly custody arrangement. Father had the wee of March 23, 1997, mother had the week of March 30, 1997, and father had custody beginning the week of April 6, 1997. 11. Thereafter, without any prior notice to father, the mother filed a Complaint for Divorce including a count for Custody on April 4, 1997. Mother has advised father that she refuses to execute the stipulation and is proceeding for primary physical custody of the child, and abandoning her attempt to reopen the prior divorce. Mother obviously has determined to renege on the parties custody agreement. 12. The father's week of alternating custody began the week of Sunday, April 6, 1997. Mother had custody of the child during the week prior to that. Mother interfered and interrupted the father's week of custody by taking the child from the father's home on the evening of TueSday, April 8, 1997. In doing so, the mother prevented the father from taking the child to his regularly scheduled cub scout meeting. Furthermore, the mother took the child without the father's consent, and rather than argue over the child in 4 [I MEYERS. DESfOR 410NORIH SECOND STREET . POBOX 1062 . HARRISBURG, PA 17108 '1111 236-9.128 . FAX '1111236-2811 the child's presence, the father allowed the mother to take the child. 13. Father has reason to believe, by representations from the child, that the mother has been advising the child that a custody arrangement in which the mother is the primary custodian is the best arrangement for the child. Additionally, the child has been making various comments to the father about activities which "mommy's can do" including, getting you ready for bed, getting you ready for school, et cetera and the child has advised his father that "daddy's don't do these things". The father is very concerned about the mother's apparent discussions of the custody issues with the child and its effect on the child. 14. Despite the mother's prior agreement to an alternating weekly custody arrangement, the mother has advised the father that she intends to keep the child in her custody during the majority of the week. The father wants to avoid any further confrontations with the mother regarding custody in front of the child. The father is concerned about the stress the parties current unstable physical custody arrangement is causing on the child. The father believes, and therefore avers, that the child enjoys spending time with both of his parents and the parents inability to agree 5 MEYERS. DESFOR 410 NORTH ~ECONO STREET , POBOX 1062 . HARRISBURG, PA 17108 17171236-9428 . FAX 17171235-2817 on a custody arrangement are causing undo stress on the child. 15. The father believes, and therefore avers, that it may take months to go before a custody conciliator due to the back10 of cases in Cumberland County. The father believes that the parties inability to agree to a custody arrangement is causing undo stress upon the child and that a temporary custody order awarding the parties alternating weekly custody of the child, as the mother has previously agreed t do, will give the child stability and will prevent any further conflict between the parents and stress upon the child as a result of the parties inability to agree on a custody arrangement. 16. Petitioner/Father herein requests this court issue an order awarding alternating weekly custody in light of the parties prior agreement, or in the alternative that the court schedule a conference and/or hearing with the Judge to determine an appropriate custody schedule. WHEREFORE, Petitioner/Father herein requests this court issue an order awarding the parties shared physical custody on an alternating weekly basis, or in the alternative that the court schedule a conference and/or hearing with the Judge to determine an appropriate custody schedule. 6 MEYERS. DESFOR 410NORTH SECOND STREET . POBOX 1062 . HARR'SBURG, PA.17108 11111231>9428 . fAX '1111231>2817 " CYNTHIA J. ALBRECHT, Plaintiff IN THE COUH'l' OF CONNON PLEAS OF CUNBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. JEFFREY S. ALBRECllT, Defendant NO. 96-1686 CIVIL TERM AND NOW, this ORDER OF COURT It~ ,ry day of Narch, 1997, upon consideration of Plaintiff's Petition to Re-Open Divorce Action and Plaintiff's Petition For Special Relief: Custody and Related Property Matters, a hearing is SCHEDULED for Thursday, March 20, 1997, at 2:00 p.m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, , J. I di,;} Samuel W. Milkes, Esq. 52 East High Street Carlisle, PA 17013 Attorney for Plaintiff Jeffrey S. Albrecht 914 Alexander Spring Road Carlisle, PA 17013 Defendant, Pro Se :rc EXHIBIT I A 'Ii I , I ; CYNTHIA J. ALBRECHT, Plaintiff IN TIlE COURT OF COHHON PLEAS CUf.lBERLAllD COUNTY, PENNSYLVANIA v. NO. 96-l6B6 CIVIL TERM JEFFREY S. ALURECIIT, Defendant IN DIVORCE TEMPORARY CUSTODY ORDER I,ND NOW this day of , 1997, the attached stipulation and Agreement of the parties in the above captioned action shall be entered as a temporary order of court. I This Temporary Order of Court shall be binding upon the parties ~ until further agreement by the parties or further Order of Court. I ~ , J. EXHIBIT I C MEYERS & DESFOR 410rlQRTH SECOUDSTIl[ET . POBOX 1001 . HARRISBURG. PA.ll108 I1ll1nG-942B . FAX 17171236-2817 . " LAW OF'FICtS , i MEYERS & DESFOR 410 NORTH SeCOND STRC[:T P Q. BOX I06~ I. EMANU[l M[y[R5 IIQI!HQ701 BRUCE: D. DeSF'OA LAURIE: A, 5ALTZQIV[R CATHeRINE: A DOYLE: TARA A. MUCHA HARRISBURG. PA, 1710B 17111 23tHiif042B rA)( 17171 23ft.2S.7 May 28, 1997 The Honorable J. Wesley 01er, Jr. Cumberland County Courthouse 1 Courthouee Square Carlisle, PA 17013 RE: Albrecht v. Albrecht ge-1686 17-1153 Dear Judge 01er: Please be advised that the parties in the above-captioned action have reached an agreement and executed a stipulation regarding custody of their minor child. Said stipulation has been forwarded to the attention of the Court Administrator by separate cover letter. Accordingly, the hearing which you have scheduled for Monday, June 9, 1997 at 9: 00 a. m. in the above-captioned action is no longer necessary. I thank you for the court I s attention and consideration in this matter. LAS/clw cc: Sam Milkes, Esquire Jeffrey Albrecht s~~~. Laurie A. Sa1tzgiver MAY 2 9 1991 < ~f ~"" r~~!f.y1Y~l{'~\~'{,:~~~}f~~ i117)'~.~" '.~;F:~~ .~~~~:;~;~sr,r~<~Y ~,.:':_;/)::~[/:f~~ :~-'}:~t1~1"~ltt'-1:~;!f{f;Stt~.~i;D~~'t.~~f!;'~f~cIl . .~1.'~i~'" :~i'..r;;;''': ""-"_' -,.,- ".. k', .~, .... ."" ..,..'.;k.rt' -..~."" ...... ,...~~.'i,....f.lt..~'fi;U.,'t."P'.,f"_./!,-.-R-.:;'l}tl=...-l,.,,.-'" 1 ,'.:- ',;'_;-f,i_~ " Jf:~~;;: :tr.~\:f::;~'J;:~~~:;~,;,:._{t:~74L/:');,:::~:-,'::,~.'~;'_' :-'~: ".,. ..::_~:~;~ i';~i'(i:'~'~~:;,~j)~'AHr-':':J.,t~;::;-1~ f.\::7t~:lc'Xt'.~:~]'i~, :_t:';f: '!:',f~' ,'" . 1 CYNTHIA J. ALBRECHT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYI,V ANIA NO. 97-1753 CIVIL TERM V. JEFFREY S. ALBRECHT, Defendant IN DIVORCE ORDER OF COURT AND NOW, this _day of April, 1997, upon presentation and consideration of the Plaintiffs Answer to Defendant's Petition for Specinl ReliefIn Re: Custody, the relief requested is hereby denied. By the Court: J. scheduled. 8. Admitted that this custody urrungement WIIB suggested lIB a meunB of dellling with the imminent sepuration of the purties, "so lIB to avoid conflict und hurm to the child" (quoted from Pluintiff'B Wherefore clause in her own Petition for Speciul HelleO. It is further IIBserted that this same Petition, attached hereto, averred at ~ 12 that "the best interests und permunent welfure of the child will be served by placing the child in the permunent primary physicul custody of the Pluintiff/mother." Further, the Petition Bought only a resolution of matters pending a custody conciliation. 9. Admitted. 10. Denied. A part of the informul discussions between the purties included times during the off week for the non-custodiul purent to have the child. Father not only refused these times (with one exception, at the request of the child) but even refuBed telephone contact. 11. Denied that there WIIB no prior notice. The attached letter WIIB forwurded to counsel expluining concerns that were urising over the father's conduct und over the cUBtody arrungement. The only rellBon the attempt to re-open the prior divorce action WIIB abundoned WIIB in order to avoid uny risk of not having un active clIBe before the court for its consideration. While there had been un agreement reached about the re- opening of the ClIBe, thiB had been in the context of prior negotiations. It is specifically denied that mother determined to renege on the purties' custody agreement. The agreement WIIB ulways intended lIB a very temporary urrungement und following the Bepuration of the purties, the father's conduct became more und more troublesome und hurmful to the interestB of the child. The prior heuring scheduled in this clIBe allowed 12. Denied. It is denied that mother "took the child from the father's home." , , , . , , i' I : i I, ! 1 i , I , I ! for a brief time in which it wna anticipated that discussions among counsel and the court would occur but it wna not anticipated that this appearance would allow for the taking of testimony. On April 8, 1997, the child came into mother's custody by telephoning mother and stating that father said it wna wright for the child to visit with mother. This was a surprise to mother, since only two days earlier, when mother asked for an overnight during the coming week, father replied, "No, I'll see you burn in hell." When mother came to pick up the child on April 8, it became apparent that father had agreed to this arrangement as a means of cornering mother. In front of the child, he began yelling at mother, and waving around a letter from mother's counsel, making references to the specific contents of the letter. Until this day, the child was unaware that the parties had lawyers. Due to father's conversations with his son, his son was informed of this fact and became very upset. While mother gathered up the child and began to leave, father continued to harnas her, not wanting her to leave, and insisting that he wasn't finished with the monologue he had started. While the child was in mother's custody that evening, he expressed great concerns and reservations about returning to his father, especially because of father's actions, such as venting his own frustrations about the relationship between Plaintiff and Defendant in front of the child, discussing letters from counsel regarding this case directly in front of the child, and continunlly placing blame on mother for the relationship and custody problems that were going on, all of these statements being made to the child himself. It is especially incidents such as this, occurring after the separation and before any agreement was signed by the parties, that have caused mother to be unable, even temporarily, to agree to father's custody proposal, since it has become apparent that this is not in the child's best interests. 13. It is denied that mother has been discussing custody arrangements with the child; to the contrary it has been father who has been doing so. Mother docs regard herself as the better caretaker of this child, and has received support for this view from various professionals. She has not insisted on a position that it is something which "only mommies can do," although she has discussed with others (not with Zackary) that there are certain routines which have always been mother-son routines of importance to Zackary, such as bedtime routine, and that Zackary was having a difficult time breaking this routine. 14. Admitted that mother has advised father that she is unable to agree upon the temporary terms as previously discussed, due to her concerns over the well-being of the child. 15. Denied. A custody conciliation is scheduled in this matter for May 29, 1997 with Michael Bangs, Esq. 16. Denied that there is a need for court intervention at this time, of the type requested by father. If there is to be court intervention, it should be for the purpose of confirming primary custody of the child with mother. NEW MATl'ER 17. It is experience of counsel that if a Temporary Custody Orderis entered by the court, prior to conciliation, Conciliators generally regard this as a status quo and are unwilling to recommend or attempt a change of this Order as a result of the conciliation process. Accordingly, any temporary arrangement now ordered by the Court would likely remain in effect for many months to come until a formal Court hearing can be held in this matter. 18. In recent weeks, through discussion with mental health professionals and teaching professionals, Plaintiff is becoming increasingly concerned about father's conduct, his statements to the child, his drawing the child into the marital difficulties, and believes and therefore avers that the child's continued time with father is very harmful to the interests of the child. 19. The child is continunlly expressing to mother his fears and concerns about returning to father and he regularly voices upsettedness over such statements by father as, "your mother was unwilling to come to our house for dinner tonight, she didn't want to be with us." This last type of statement placed mother in the untenable position of having father request that she return to the marital home, where the parties formerly resided together, and then when she refused to do so, father characterized this to the child as an unwillingness to come spend dinner time with the child, and this was very upsetting to the child, who asked mother why she wouldn't come over for dinner. 20. Several instances have occurred since the separation of the parties, in which father has engaged in tirades, sometimes becoming physically intimidating, in his attempts to reconcile the marriage and "bully" Plaintiff into coming back to the marital residence and reconciling the marriage. A number of these conversations have taken place in the presence of the child, because father initiates the conversations while the child is present. CYNTHIA J. ALBRECHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-1753 CML TERM v. JEFFREY S. ALBRECHT, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Jennifer L. Gibboney, hereby certify that a true and correct copy of the Plaintiff's Answer To Defendant's Petition for Special Relief Re: Custody was duly served upon the Defendant's attorney, Laurie A. Saltzgiver, Esq., by depositing it in the U.S. Mail, on April ~997, addressed as follows: Laurie A. Saltzgiver, Esq. MEYERS & DESFOR 410 North Second Street P.O. Box 1062 Harrisburg, P A 17108 \I I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ;/Jltt/17 9:~ili Y ~ .~% t~ ~l .. ~~ ~ .j d. s~ J i): ~l f - ,. l"'; ,.' I i: .' , I .. I"~ , C):: . " ) I.' " . . " ( ,j . (' . ~ /, ro., L L' oJ ~~I~!~f~~~~~l1~{~~~~~i,~~~,tf~,;:.:OC~p~7:'.' .'.;~t~;'~,i\;;~~;{TJ1.,\1\)1f~:~i~!f!r~,~~:;~i-..,~ ,'.. ',' ,. , ' IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY S. ALBRECHT, Defendant NO. 'M-!bllb '17- \lS~ IN DIVORCE ORDER OF COURT AND NOW, this ~day of 0 X k.- r , 1998, upon presentation and consideration of the Stipulation of the Parties, the Stipulation is hereby incorporated in the prior Custody Order of January 23, 1998. By the Court: / J. a (', .'if ~!a Gr-' ~ ). f"Ir, . 'n ..~ CiJ:d:"'4: Fil\:,\:~'.r' i',IIV ,,#..1 , i' , , ~ \ (\'\(\~(\ >,lc;t;",lc -\... Q\~\O%(~cl\\. i:-01u, M.lli') :' '.', ,-....,..'- -,~,- ,. (; i'~ u; f. ;~ .. " ,( ~ - " ~l ,- , '. ., -, . ., (~.) : , (:' ~' I lu. ..- ." ',' I- , U ~ '. , u... , c.; ;', 1>, f.:: U lJ' U